The heart of the railroad problem: The history of railway discrimination in the United States, the chief efforts at control and the remedies proposed, with hints from other countriesParsons, Frank
History
The heart of the railroad problem: The history of railway discrimination in the United States, the chief efforts at control and the remedies proposed, with hints from other countries
Parsons, Frank
Railroads -- Freight -- Rates -- United States; Railroads and state -- United States
Most of those who favor further control of railroads advocate milder
methods. The favorite remedies are public inspection and the fixing of
rates by a commission or court of arbitration or tariff revision. The
facts above stated showing the secrecy of many forms of preference and
the difficulties of enforcing the law because of the impossibility of
getting railroad officers to reveal the facts indicate the necessity of
systematic and thorough public inspection, but also suggest a doubt as
to its effectiveness. If railroad officers destroy their papers and
refuse to state the facts on the witness stand, is it not possible that
they will keep any record of discrimination practices from appearing in
the books and papers they submit to inspection? Inspection and publicity
are excellent aids to reform, but they are insufficient in themselves.
We have had already a small-sized ocean of publicity through the
investigations of the Interstate Commerce Commission, but the results
have been very small.
CHAPTER XXXIII.
FIXING RATES BY PUBLIC AUTHORITY.
For years the Interstate Commerce Commission has been declaring that
when, on complaint and investigation it finds a rate to be unreasonable,
it ought to have power to fix a reasonable rate to take the place of the
unreasonable one, the order to be binding on the railroad for a moderate
period, subject to revision in the courts. For the first ten years after
the Interstate Commerce Act was passed no railroad denied the right of
the Commission to fix rates, and the Commission says it was supposed
that they possess the power. But the Supreme Court finally ejected this
impression in 1896, and again in 1897, and the Commission appealed to
Congress for the restoration of the authority that was swept away by the
interpretation of the majority of the Court. Congress for a long time
paid no attention to the Commission’s request for further powers, but
President Roosevelt took up the matter and pushed it with the splendid
vigor that characterizes all he does. In his message of 1904, already
referred to, he said: “Above all else, we must strive to keep the
highways of commerce open to all on equal terms; and to do this it is
necessary to put a complete stop to all rebates. Whether the shipper or
the railroad is to blame makes no difference; the rebate must be
stopped, the abuses of the private car and private terminal-track and
side-track systems must be stopped, and legislation of the Fifty-eighth
Congress, which declares it to be unlawful for any person or corporation
to offer, grant, give, solicit, accept, or receive any rebate,
concession, or discrimination in respect of the transportation of any
property in interstate or foreign commerce whereby such property shall
by any device whatever be transported at a less rate than that named in
the tariffs published by the carrier, must be enforced.... The
Public-domain text, read in full here on John Shaqi.
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